County of Los Angeles v. Commission on State Mandates

INTRODUCTION

The California Commission on State Mandates (the Commission) appeals from the judgment entered following the partial grant of cross-motions for judgment on ,the pleadings. The County of Los Angeles, the Los Angeles County Flood Control District, and the Cities of Commerce, Carson, Downey, Hawaiian Gardens, Montebello, Santa Fe Springs, Signal Hill, Artesia, Beverly Hills, La Mirada, Monrovia, Norwalk, Rancho Palos Verdes, San Marino and Westlake Village (collectively, County/Cities) filed a cross-appeal from the judgment.

In 2001, the Regional Water Quality Control Board (Regional Water Board), Los Angeles Region, issued a National Pollutant Discharge Elimination System (NPDES) permit for municipal stormwater and urban runoff discharges, which obligated County/Cities to inspect industrial, commercial, and construction water treatment facilities (which obligation County/Cities claim the state previously performed) and to install and maintain trash receptacles at transit stops.

County/Cities presented “test claims” to the executive director of the Commission seeking reimbursement for carrying out these obligations pursuant to the constitutional requirement…